Preamble

Preamble

  • Reference of the Bill and Inquiry
  • Committee Inquiry
  • Summary of the Committees Findings and Conclusions
  • Findings
  • Conclusions
  • Parity pricing
  • Recommendation by the Committee
  • Reference of the Bill and Inquiry

    The Customs Tariff Amendment Bill (No.2) 1997 (No. 3) (the Bill) was referred to the Committee by the Senate on 4 September 1997 for inquiry and report.

    The reference followed recommendation by the Selection of Bills Committee that the Bill be referred to this Committee for consideration.

    The Committee was due to report to the Senate on its inquiry into the Bill by 22 October 1997. Following hearings on the Bill in Brisbane on 10 October, the Committee resolved to seek from the Senate an extension of time to 10 November, 1997 to report on the inquiry.

    The Senate granted this extension of time.

    The Committee also sought, and was granted a further extension of time to 17 November 1997 to report.

    Committee Inquiry

    The reference of the bill listed as the principal issues for the Committee's consideration:

    In complying with the Senate's request in regard to the Bill, the Committee sought the views of representatives of all principal participants in the sugar industry: growers, millers, refiners and manufacturers as to the effect the removal of the tariff would have on participants in the industry, with an emphasis on the effect of removal on canegrowers.

    The Committee also invited a number of individual Senators interested in the Bill and Members of Parliament representing electorates in which the sugar industry is concentrated to put their views.

    In response to the Committee's invitation, 15 written submissions on the Bill were received by 3 October 1997.

    The list of submissions received by the Committee is in Appendix 1.

    The Committee was briefed by the Department of Primary Industries and Energy on 29 September 1997.

    The Committee held two public hearings on the Bill: on 10 October 1997 in Brisbane, and in Canberra on 30 October 1997.

    A full list of witnesses who gave evidence at the Committee hearings is in Appendix 2.

    Summary of the Committees Findings and Conclusions

    Findings

    The Committee addressed the inquiry into the Bill on the basis that the future of the Australian sugar industry was assessed by the Sugar Industry Review Working Party (the SIRWP) which reported to the Queensland and Commonwealth Governments in November 1996.[2]

    The recommendation made by the SIRWP on the sugar tariff was as follows:

    The Committee's inquiry has found that dispute over the impact of the removal of the tariff on canegrowers has resulted in two important factors being made clear to the Committee: (i) that there is a clear connection between the tariff removal and agreement for the retention of Single Desk Selling (SDS) of Australian raw sugar: and (ii) that the level of the tariff has for some time been a component for fixing a price which canegrowers will receive for sugar sold into the Australian domestic market (some 15% of the total Australian raw sugar crop). Both these factors were the subject of close and detailed examination by the SIRWP.

    A further factor brought to the Committee's attention is the effect removal of the tariff had on an aspect of competition on the sugar refining industry. The removal of the tariff as from 1 July 1997 was paramount in the decision by the Australian Competition and Consumer Commission (ACCC) to reverse its 1993 opposition on the merger between the two sugar refiners, CSR and Mackay Sugar, and to subsequently agreeing to the merger proceeding. (A copy of the ACCC reasons for this decision are attached as Appendix 3.)

    In fact, when the Chairman of the ACCC, Professor Alan Fels, was questioned on this reversal by the Committee, there did not appear to be any other major sugar-related matter - other than the tariff - which influenced the ACCC decision. Professor Fels also told the Committee that if the tariff was reinstated the ACCC would have no option but to revisit the merger.

    The Committee is of the view that if the tariff was reinstated, approval for the merger to go ahead would be reversed. This would do immense damage to the sugar industry because of the current overcapacity existing in the Australian sugar refining industry would continue. This would mean significant losses would continue to occur.

    Discussion and analysis of the submissions and views canvassed by the Committee during the hearings on the Bill are dealt with in Chapter 2 of this report.

    Conclusions

    The Committee's conclusions are directed at the effect that the removal of the tariff will have on the Australian canegrowing industry.

    The removal of the sugar tariff is a central element in the SIRWP conclusions and recommendations to both the Commonwealth and Queensland Governments on the future of the Australian sugar industry. (Particularly see the SIRWP Report Sugar - Winning Globally, recommendations) Both Queensland and Commonwealth Governments have accepted the SIRWP recommendations and proposals for the sugar industry and undertaken to implement them.

    In relation to one matter, parity pricing, the Committee comments specifically.

    Parity pricing

    Discussions that the Committee held on this issue during its hearings indicated that the policy of import parity pricing (whereby the price of sugar sold for use in the Australian domestic sugar market was priced at world price plus the tariff plus a transport and costs element) ceased at the same time as the removal of the tariff. The Committee is convinced that adoption of export parity pricing of sugar sold for use in the Australian domestic sugar market will mean that sugar could expect to be domestically priced at a lower price than in the past.

    Witnesses appearing before the Committee advanced differing views on what effect restoration of import parity pricing might have on sugar prices, and consequent returns to canegrowers and prices to consumers.

    The Committee has concluded that a return to a policy of import parity pricing would in fact provide a much more equitable position relative to imports coming to Australia. It certainly would modify the impact of removal of the tariff and the other recommendations such as the consolidation of the number one and number two pools into one pool and not be anti-competitive. (Refer Chapter 2).

    Whilst this question is outside the terms of reference given to the Committee on the Bill, the Committee recommends to the Minister for Primary Industries and Energy that discussions be held with the Queensland Government for consideration of possible implementation of notional import parity pricing.

    Recommendation by the Committee

    The Committee has considered that part of the Customs Tariff Amendment Bill (No. 2) 1997 (No. 3) relating to removal of existing tariff on sugar and sugar by-products and recommends that the Bill be passed without amendment or request when it is introduced into the Senate.

    Senator Winston Crane
    Chairman, Legislation Committee
    17 November 1997

    Footnotes:

    [1] Senate Selection of Bills Committee, Report to the Senate - No 13 of 1997, 4 September 1997, Appendix 3.

    [2] `Sugar - Winning Globally', Report by the Sugar Industry Review Working Party 1996 (SIRWP Report) , Mr Bruce Vaughan, AO, Chairman. Department of Primary Industries, Queensland. Brisbane, 1996

    [3] SIRWP Report, Summary - `Tariff on raw and refined sugar', p. 2.